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201300074 permitted under applicable law,Trustor shall pay or reimburse Beneficiary for all taxes,assessments or other charges which Beneficiary is obligated to pay as a result thereof;provided, however, if for any reason payment by the Trustor of any such new or additional taxes,assessments or other charges would be unlawful or if the payment thereof would constitute usury or render the Loan wholly or partially usurious under any of the terms or provisions of the Credit Agreement,Note, or this Deed of Trust,or otherwise,the Beneficiary may, at its sole option,upon thirty(30)days' written notice to the Trustor, declare the whole indebtedness secured by this Deed of Trust, with interest thereon, to be immediately due and payable. Such taxes, assessments or other charges shall be part of the Obligations and shall be secured by this Deed of Trust. ARTICLE V DEFAULTS, REMEDIES AND RIGHTS SECTION 5.01. Events of Default. The occurrence of any of the following events shall be deemed an event of default ("Event of Default") hereunder and shall, at the option of Beneficiary make all amounts then remaining unpaid on the Obligations immediately due and payable, all without further demand, presentment, notice or other requirements of any kind, all of which are expressly waived by Trustor,and the lien,encumbrance and security interest evidenced or created hereby shall be subject to foreclosure in any manner provided for herein or provided for by law and all other remedies available at law or in equity: (a) The occurrence of any Event of Default(as defined in the Credit Agreement) under the Credit Agreement; or (b) Trustor shall default in the performance or observance of any term,covenant or condition required to be observed by Trustor under this Deed of Trust. SECTION 5.02. Fixtures. Upon the occurrence of any Event of Default, or at any time thereafter, Beneficiary may, to the extent permitted under applicable law, elect to treat the fixtures included in the Mortgaged Property either as real property or personal property,or both,and proceed to exercise such rights as apply thereto. With respect to any sale of real property included in the Mortgaged Property made under the power of sale herein granted and conferred, Beneficiary may, to the extent permitted by applicable law, include in such sale any personal property and fixtures included in the Mortgaged Property relating to such real property. SECTION 5.03. Remedies Cumulative. All notice and cure periods provided in this Deed of Trust,the Credit Agreement or any other Loan Document shall run concurrently with any notice or cure periods provided under applicable law. No remedy or right of Beneficiary or Trustee hereunder, under the Credit Agreement and any other Loan Document or otherwise. or available under applicable law, shall be exclusive of any other right or remedy,but each such remedy or right shall be in addition to every other remedy or right now or hereafter existing at law or in equity under any such document or under applicable law. No failure or delay by Beneficiary in exercising any right hereunder shall operate as a waiver thereof or of any other right nor shall any single or partial exercise of any such right preclude any other further exercise thereof or of any other right. Unless otherwise specified in such waiver or consent,a waiver or consent given hereunder shall be effective -17-